Questions Of Conflict Arise In Wellington Golf Course Case

January 20, 2006|By Angel Streeter Staff Writer

A special master ordered owners of the Binks Forest Golf Course on Thursday to fix up the rundown golf course in 20 days or face a $250-a-day fine.

Wellington code enforcement officers cited the owner of the closed golf course, Peninsula Bank, in December for overgrown grass and failure to maintain landscaping. It was the bank's second citation in a matter of months for the same violations.

As a repeat violator, the bank could have been fined up to $500 a day. The $250-a-day fine is retroactive to Thursday if the bank doesn't clean up the golf course in 20 days.

But the biggest debate in the code enforcement hearing revolved around the special master, Al Zangen, rather than the bank's violations.

Zangen lives in the Binks Forest community and was part of a group of residents, the Binks Forest Coalition, who lobbied village officials in 2004 to allow development on the driving range.

Some residents who were against the development accused Zangen of having a conflict because he pushed for the development that would ultimately benefit the bank, which is selling the golf course to developers who will be allowed to build condos on the 15-acre driving range.

"Now he's spectator, jury and judge," said Bart Novack, a Binks Forest resident who is suing the village to prevent the development. "There is definitely a conflict."

Novack asked Zangen to recuse himself at the hearing. But Zangen declined.

Earlier, Zangen said he didn't think there was a conflict.

"I think I'm fair and impartial," he said. "I have no loyalty to Peninsula."

Zangen is one of several special masters the village uses to handle code enforcement cases. He also was the special master when the bank had a code enforcement hearing in September over the same violations. Zangen gave the bank about a month to fix the violations. The bank complied.

Former code enforcement board member Gina Rascati said Village Attorney Jeff Kurtz suggested she recuse herself when bank officials appeared before the board for code violations at the golf course. Rascati lives in Binks Forest and was a vocal critic of the deteriorating condition of the golf course.

She disqualified herself from the hearing because she was concerned someone might accuse her of not being impartial. She thinks Zangen should have stepped down for the same reason.

The Binks Forest Coalition's "purpose is to get this [land] deal through," said Rascati, who is against development. "That's for the benefit of the bank."

But Bob Jarvis, a law professor at Nova Southeastern University's Shepard Broad Law Center, said Zangen doesn't appear to have a conflict of interest. As a special master, he should abide by the state code of judicial conduct's position on impartiality, which says a judge must disqualify himself if there's a reasonable question about his impartiality.

However, Zangen's past pro-development stance doesn't have anything to do with whether the bank should be fined for not maintaining the golf course, Jarvis said.

"The current question doesn't have to do with development," he said.

Angel Streeter can be reached at astreeter@sun-sentinel.com or 561-243-6643.